INTRODUCTION
The environment refers to the surroundings in which all living and non-living organisms coexist. The environment is one of the greatest gifts from Mother Nature. The environment includes plants, animals, birds, other living organisms, etc. Every day we wake up and see plants, animals, trees, and birds around us. But what will happen if one day we wake up and see no birds or plants around us? These little things have a lot of impact on our lives, which we ignore. We should be grateful for these things, but instead of being grateful, we ignore them and exploit them. It is a human tendency that “when we don’t have something, we try our best to get it, we crave for it, but once we have it, we fail to value it.[1]” That’s why we human beings pollute and exploit the environment. Global warming and Deforestation- all these are the result of human activities that exploit the environment because we human beings have taken the environment for granted. The increased exploitation of the environment leads to the formation of various environmental laws and acts, like the Wildlife Protection Act[2], Environment Protection Act[3], Air (Prevention and Control of Pollution) Act[4], Water Act (Prevention and Control of Pollution) [5], The Indian Forest Act[6]etc.
Besides these acts, several constitutional provisions have also been added for environmental protection. The Constitution is an evolving document; it adapts to the changing situations of society, which is why it is one of the most amended constitutions in the world.[7]
VARIOUS CONSTITUTIONAL PROVISIONS
- THE 42ND AMENDMENT
The 42nd Amendment of 1976 is also called the “Mini Constitution” because half of our constitution was amended at that time. This amendment added the word “socialism,” which means that India is a socialist country, and all the social factors, along with social problems, are being focused on in India, like pollution, global warming, and environmental degradation.[8] Along with other issues, environmental issues are also being addressed.
- DIRECTIVE PRINCIPLES OF STATE POLICY
ARTICLE 47 of the Constitution deals with DPSP, which states that the government must take care of the public health and well-being of society, which means that people are living in a pollution-free area, and they are not consuming any harmful substances like intoxicating drugs that cause a risk to their health.[9]
Article 48A, introduced by the 42nd Amendment in 1976, directs the states to take significant steps to protect and improve the environment, as well as to safeguard forests and wildlife[10]. Here, the word “environment” means all the conditions and the factors that would affect the life and development of human beings, animals, and plants. These include air, climate, culture, light, noise, temperature, soil, water, etc.
- FUNDAMENTAL DUTIES
The 42nd Amendment to the Indian Constitution introduced both Article 48A and Article 51A (g), each focusing on environmental protection, but assigning different responsibilities. Article 51 A (g) is a fundamental duty placed upon every citizen, requiring them to protect and enhance the natural environment, which includes forests, lakes, rivers, and wildlife, and to act compassionately towards all living creatures[11]Article 48A, included within the DPSP, deals with environmental protection and includes provisions regarding cows and calves, but Article 51A (g) talks about the compassionate behaviour of human beings.
In Kinkari Devi vs the State[12] In this case, it was held that both citizens and the government must take care of the environment; it doesn’t mean that they must only protect the environment, they should also take necessary steps to improve it, like planting trees, keeping rivers clean, saving animals, and forests. That’s why in Article 48A, it is clearly stated that the government must protect the environment, and under Article 51A(g), it is clearly stated that citizen must protect the environment; if both of them ignore this, then they are breaking their responsibility.
- FUNDAMENTAL RIGHTS
Article 14 of the Indian Constitution guarantees that “the State shall not deny to any person equality before the law or equal protection of laws within the territory of India”[13]. However, while the State has a significant duty related to the protection of the environment, and various laws, acts, and legislation are framed for it, this does not mean that they affect the principle of equality among citizens. Principle 1 of the Stockholm Conference 1972 also deals with the “principle of equality” [14]
Article 19 (1)(g) of the Constitution grants freedom to citizens to practice any profession, carry on any occupation, trade, business[15]and certain reasonable restrictions are mentioned in clause 6 to ensure that the environment is protected.
Article 21 grants protection to every person’s life and personal liberty[16], which also includes the right to a clean and healthy environment, as interpreted through various judgments of the High Court and the Supreme Court. A healthy environment is essential for life. In MC Mehta V. Union of India[17] The Supreme Court held that living in a clean and healthy environment is a fundamental right under Article 21.
- OTHER ARTICLES
Article 246 of the Constitution deals with the legislative relationship between the Union and the states.[18] As per the Seventh Schedule, there are 3 lists
- UNION LIST (List 1): Defence, foreign affairs, atomic energy
- STATE LIST (List 2): Public health and sanitation, agriculture, water providers, irrigation
- CONCURRENT LIST (list 3): Forest, protection of wildlife, mines, and minerals
Under the Union List, the Central Government is authorised to make decisions, and under the State List, the State Government is authorised to make decisions, and under the Concurrent List, both the Central and State Governments are authorised to make decisions. This division of the list ensures a clear distribution of powers between the centre and the states. in case of conflict between the subject matters of the Concurrent List, the decision of the Union would prevail over the States. This list helps to ensure that the environment is being protected, and that’s why the Concurrent List allows both the Union and State Governments to legislate on matters relating to the environment.
CONCLUSION
This blog deals with environmental protection. Earlier, there were no provisions regarding environmental protection in our constitution. The provisions related to environmental protection were not introduced overnight in our constitution; they have evolved through various cases. If we have no clean environment, then poor people will suffer a lot because they barely manage to make money for food and their survival, and if they face health issues will be a curse for them. Along with constitutional provisions, various laws and acts have been framed for the protection of the environment. It is our primary duty to keep the environment clean because it not only affects the poor but also the whole nation, though the poor suffer the most from its effects.
Author(s) Name: Bhoomi Taneja (Geeta Institute of Law)
References:
[1] Bhagirath Behera ‘Environmental crisis and human well-being’(article)< https://isdsnet.com/ijds-v6n8-3.pdf > accessed on 15 august 2025
[2] The Wild Life (Protection) Act 1972
[3] The Environment (Protection) Act 1986
[4] The Air (Prevention and Control of Pollution) Act 1981
[5] The Water (Prevention and Control of Pollution) Act 1974
[6] The Indian Forest Act 1927
[8] Constitution (Forty-second Amendment) Act 1976 (India), assented to on 16 December 1976, published in the Gazette of India, Extraordinary, Part II, Section 1
[9] Constitution of India 1950, Art 47
[10] Constitution of India 1950, Art 48A
[11] Constitution of India 1950, Art 51A(g)
[12] Kinkri Devi and Anr v. State of Himachal Pradesh AIR (1988) HP 4 (HP HC)
[13] Constitution of India 1950, Art 14
[14] Declaration of United Nations Conference on Human Environment (16 June 1972) UN Doc A/CONF.48/14/Rev.1, Principal 1
[15] Constitution of India 1950, Art 19
[16] Constitution of India 1950, Art 21
[17] M.C. Mehta v. Union of India (1994) Supp (3) SCC 717 (SC)
[18] Constitution of India 1950, Art 246
